Items related to The Classification of Industries Under the Fourteenth...
The Classification of Industries Under the Fourteenth Amendment of the Constitution; A Study in Social Legislation - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...teen instituted under the statute the railroad company set the defense thet the statute was unconstitutional as class legislation because (a) it a-plied only to railroads,(b) the statute contained an exemption respecting office employees of railroads,and (o) that unt.ust benefits were conferred upon the employejat the expense of the employees. That st tute was however,upheld as. proper exercise of $he police xower of the state and not in violation of the constitutional restriction upon class legislation.Although it ixplied to rrilrocds only, the court upheld the classification because in their judpjnent the busincss of a railroad conijmy differec from others respecting its relations to the public pnd its peculiar denpers and hazardB re specting Loth them rnd the public. These ohrracteristicB were believed to clearly distinguish the rail-road from every other business and to call for repletions to meet conditions and exigencies peculiar to it. It vas the purpose of the le-islature to secure safety to the employees as well as to the public through the imposition of burdens i nd liabilities which would induce the railroads to exercise care comiensurat e wit the hazards of the business (2) in the selection of competent and careful employees. l.Lawu of 1907,ch.2C4 amending Sec. 1816 of the Statutes of 1098. 8.-h air i on Hrilway vs./Vkc/, 127 U.S. 205 quoted. Che exemption respecting shop employees received the sanction of the court inasmuch as they were less exposed to the hazards of the business and at any rate formiag an exemption scarcely sufficient to justify an adverse holding upon an aot of the legislature. She most important of the contentions, upon which the claim of unconstitutional classification was raised was the contention that...
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